Smith v. Ware’s Empirical Analysis
1992
Citation profile
5 federal appellate · 6 district · 40 state decisions
How this case has been cited
Cited by 67 later decisions — most recently September 2015 · most notably Davis v. Marshall Homes, Inc. (2003), State Water Control Board v. Smithfield Foods, Inc. (2001)
5 federal appellate · 6 district · 40 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Bates v. Devers · Worrie v. Boze · Wright v. Castles · Brown v. Haley · Mowry v. City of Virginia Beach
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'(1) identity of the remedies sought; (2) identity of the cause of action; (3) identity of the parties; and (4) identity of the quality of the persons for or against whom the claim is made.'”
7 later decisions quote this exact passage · from the majority“"The causes of action are ... different. Mrs. Smith asserted a right to occupy the property in her motion for judgment for unlawful detainer. There, she relied upon former Code § 64.1-33 ... which permitted a surviving spouse to reside in the marital residence without charge for rent, repairs, taxes, or insurance until dower or curtesy was assigned. Mrs. Smith, in her bill of complaint, seeks a commutation of her dower interest. She pled a different cause of action, relying upon former Code § 64.1-37...."”
1 later decision quote this exact passage · from the majority“had nothing to do with the title to the landlord's property”); Smith v. Ware, 244 Va. 374 , 421 S.E.2d 444, 445 (1992) ("Judgment [in an unlawful detainer action] only restores the status quo of the parties, and settles nothing as to the title or right of possession.”); Town of Grundy v. Goff, 191 Va. 148 , 60 S.E.2d 273, 277 (1950) (same); Elliott v. United Realty Corp., 144 Va. 752 , 130 S.E. 802, 803 (1925) (Unlawful detainer action’”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.